STAND. COM. REP. NO.  537

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 1040

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Water, Land, & Ocean Resources, to which was referred H.B. No. 1040 entitled:

 

"A BILL FOR AN ACT RELATING TO TORT LIABILITY,"

 

begs leave to report as follows:

 

     The purpose of this bill is to enhance public safety through a partnership between the State and counties to provide county lifeguard services at state beach parks.  This bill makes permanent the law shielding county lifeguards from liability while providing rescue, resuscitation, and other lifeguard services on the beach or in the ocean.

 

     The Department of Land and Natural Resources, the Department of the Attorney General, the Hawaii Council of Mayors, the County of Hawaii Office of the Corporation Counsel, the County of Hawaii Fire Department, the City and County of Honolulu, the City and County of Honolulu Emergency Services Department, the Hawaii Government Employees Association, and two concerned individuals testified in support of this bill.  The County of Kauai Fire Department supported this measure with amendments.  The Hawaiian Lifeguard Association supported the intent of this bill.  The Hawaii Association for Justice opposed this measure.

 

     As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1040 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

Respectfully submitted on behalf of the members of the Committee on Water, Land, & Ocean Resources,

 

 

 

 

____________________________

KEN ITO, Chair